STATE TIMES NEWS
UDHAMPUR: Principal Sessions Judge Udhampur Haq Nawaz Zargar awarded death penalty to one Jeet Singh, son of Krishan Singh, resident of village Rassain Tehsil Ramnagar District Udhampur for killing his mother. Principal Sessions Judge Udhampur Haq Nawaz Zargar while awarding death sentence to Jeet Singh, observed that the evidence has shown that the convict after injuring defence-less mother with Sickle, severed the head with an axe. He was apparently in full senses as he came out of his house carrying Sickle initially with him and with it, he attacked the deceased and also his wife. Thereafter he brought the axe from the house and with which, he chopped off the head of the deceased. Court further observed that it clearly establish that the crime has been committed in a most brutal manner by the convict and the deceased was none other than the one who had given birth to the convict. The deceased was a hapless and helpless widow and was unarmed without offering any resistance or provocation to the convict at the time of occurrence. It is clear that the instant crime has been committed for the reason that the convict was demanding two kanasl of land from the deceased besides asking her to reside with the other son Mulakh Raj. Furthermore, it is clear that the convict had made the preparation for the commission of crime in case when the deceased mother did not concede to his demands. The conduct of the convict for murder of his own mother places the facts of the case in heinous kind of offences for awarding of maximum punishment to the convict. It is to be noted here, that the convict had also attempted to kill his wife when she intervened and tried to save the deceased from the brutal attacks of the convict. Had the wife stayed there or the Sickle had not dropped from the hand of the convict, he would have definitely killed his wife also.
Court further observed that in the instant case, the convict Jeet Singh has been convicted under section 302, 307 RPC and 4/25 of Arms Act. This court hardly finds any mitigating circumstance in favour of the convict. The fact that convict is illiterate person, hence was not aware of the consequences of the Act committed by him, resides in remotest area of this District having no access to transport and road facilities, the offence was not committed in premeditated manner, in my opinion obviously will not constitute the mitigating circumstance. Even for that matter, the convict who is 45 years of age at this moment, will also be not consider as the mitigating circumstance.
The aggravating circumstances against the convict are: The accused had committed murder of his old age mother who was helpless and unarmed at the time of commission of offence just for 02 kanals of land besides asking her to live with other son. He had further committed the offence of attempt to murder of his wife with the use of Sickle and Axe, when she intervened to save the deceased from the attacks of convict.
The offence of murder committed by the convict seems to be pre-meditated one. The convict has committed the offence of murder upon the age old defenseless mother who had given birth to the convict by first attacking with Sickle on the neck of the deceased mother and thereafter chopped off her head with the use of Axe in a very inhuman and barbaric manner. Deleterious impact of the crime on social order and human psyche added to the list of the aggravating circumstances. Nature of offence and manner of committing the crime aroused extreme resentment to the society in this case.
Thus, on the existence of aforesaid mitigating and aggravating circumstances and evaluation thereof, this Court finds that the aggravating circumstances are much grave and serious than the mitigating circumstances. As such the instant case falls within the ambit of “rarest of rare cases” and therefore, in my pensive opinion the accused Jeet Singh does not deserves any leniency in the sentences to be awarded to him except sending the convict to gallows would be adequate. The court observed, “Convict namely Jeet Singh is sentenced to undergo rigorous imprisonment for 10 years and pay a fine of Rs 3000 for the commission of offence under section 307 RPC and in default of payment of fine, he shall further undergo simple imprisonment for one month. The convict is sentenced to death for the commission of offence under section 302 RPC and he shall be hanged by neck till he is dead and for the commission of offence under section 4/25 of Arms Act, the convict is sentenced to undergo rigorous imprisonment of 3 years and fine of Rs 2000. In case of failure to pay the fine he shall further undergo rigorous imprisonment for one month. All the sentences shall run concurrently. The case was professionally investigated by Insp. Deepak Pathania (then SHO Police Station Ramnagar) who was Investigating Officer (I.O.) of case. Evidences were very meticulously joined by the I.O. which led to the conviction of accused in such a barbaric murder which had created sensation at that time.